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ELECTION LAWS 



OF 



THE STATE OF MARYLAND, 



COMPILED AND PUBLISHED 



BY 



THE STATE LIBRARIAN, 



IN PURSUANCE OF A RESOLUTION OF THE 



GENERAL ASSEMBLY, 



AT DECEMBER SESSION, EIGHTEEN HUNDRED AND FORTY. 



TO WHICH ARE PREFIXED SUCH ARTICLES, 

OF THE CONSTITUTION OF THIS STATE, WITH THEIR AMENDMENTS 

AS RELATE TO THE ELECTION OF ELECTORS OF PRESIDENT AND 

VICE-PRESIDENT OF THE UNITED STATES, REPRESENTATIVES 

IN CONGRESS, GOVERNOR, SENATORS, DELEGATES TO THE 

GENERAL ASSEMBLY, AND SHERIFFS. 



ANNAPOLIS: 

1841. 



WILLIAM m'nEIR, PRINTER. 



4j 



^>v x 



OF THE 

STATE OF MARYLAND. 



"Every person who shall offer to vote for Delegates, 
or for the Electors of the Senate* or for the Sheriff", shall, 
(if required by any three persons qualified .to vote,) before 
he be admitted to poll, take such oath, or affirmation, of 
support of and fidelity to this state, as this convention or 
the legislature shall direct." 43d Art. Constitution of 
Maryland. 



* There is now no election of Electors of the Senate. 
The Senators are elected by the people. See 1836, ch. 197, 
sections 1, 2, 3. The amended Constitution. 



CHAPTER 97, November Session, 1805.) 

Jin act to reduce into one the several acts of Assembly respect- Passed Jan. 25, 
ing Elections, and to regulate said Elections. 1806 - 

Whereas, by the constitution of this State (a) it is pro- Preamble, 
vided, that every free white male citizen of this State, and 
no other, having resided twelve months in the county next 
preceding the election at which he offers to vote, and every 
free white male citizen of this State above twenty-one 
years of age, and having obtained a residence of twelve 
months next preceding the election in the city of Baltimore 
or the city of Annapolis, and at which he offers to vote, 
shall have a right of suffrage, and shall vote, by ballot, in 

(a) 1801, ch. 90. See November Session, 1809, chap, 
ter 83, page 15. 



, 4. ELECTION LAWS OF MARYLAND. 

the election of such county or city, or cither of them, for 
electors of the President and Vice-President of the United 
States, for representatives of this State in the Congress of 
the United States, for Delegates to the General Assembly 
of this State, Electors of the Senate, and Sheriffs. And 
whereas, by the constitution of the United Stated (b) it is 
provided, that the House of Representatives shall be com- 
posed of members chosen every second year by the people 
of the several states, and the electors in each State shall 
have the qualification requisite for electors of the most 
numerous branch of the State Legislature. And whereas. 
it is further provided by the constitution of the United 
States (c) that the executive power shall be vested in a Pre- 
sident of the United States; that, he shall hold his office 
during the term of four years; and, together with the Vice- 
President, chosen for the same term, be elected as follows: 
each State shall appoint, in such manner as the legislature 
thereof may direct, a number of Electors, equal to the whole 
number of Senators and Representatives to which the State 
may be entitled in Congress; in order to carry the said 
provisions into effect, and to reduce into one act the seve- 
ral existing laws on those subjects — therefore, 

Sec. 2. (Dividing the State into congressional districts is 
remodelled by act of 1SS2, ch. 275. See page 21.) 

Sec. 3. (Provided for the election of Electors of President 
and Vice-President by districts; now they are elected by gene- 
ral ticket. See act of 1833, ch. 261, page 19. J 
Sheriffs to give Sec. 4. And be it enacted, That the sheriffs of the seve- 
three weeks m | coun tj es j n this State respectively, under the penaltv 

notice of e- t i 

lections. of fifty dollars, at least three weeks previous to every elec- 
tion regulated by this act, shall cause public notice to be 
given within their respective counties, by advertisements 
set up at the most public places within each district of the 
county, of the time and place of holding the several elections 
aforesaid. 
Sheriffs' to pro. Sec 5. And be it enacted, That the respective sheriffs 
vide ballot- s \m\\^ under the penalty of five hundred dollars, provide or 
boxes, &c. cause lo k e p r0V r lc | e( 3 5 an d delivered to the judge or judges 
of the election in each district, previous to, or at the com- 
mencement of, each election, a box for receiving the bal- 
lots, and two separate books,' for the purpose of entering 
the voters names. 
Levy Courts to g EC g # j} n( i i e # ena cted, That the justices of the levy 
cs 1 * ©" 1 j "lcf I courts respectively, shall, between the first Monday of 
tiong. " April and the first Monday of August next, appoint three 

(h) Art. 1, sec. 2. (c) Art. 2, sec. I. 



ELECTION LAWS OF MARYLAND. 5. 

persons for each election district, resident therein, who, or a 
majority, or any one of whom, in case of the non attendance 
of the other two, shall be judges or judge of the election of 
such district, from the time of their appointment; and the said 
court shall every year thereafter, between the first Monday 
of April and the first Monday of August, appoint judges as 
aforesaid in each election district, for holding elections there- 
in, until displaced by a new appointment; and the said judges, Judges to be 
or such of them as shall attend, shall be conservators of the conservators 
peace during the continuance of the election, and until the °* e P eace# 
ballots shall be counted, and the necessary certificates re- 
quired by this act shall be made out and subscribed by the 
said judges and clerks, and shall be vested, and hereby are 
vested, with the power and authority to commit offenders 
for any breach of the peace, in like manner as any justice 
of the peace for such county; and in case any of the said D , . f 
judges shall die, resign, remove out of the district, or judges.' 
become otherwise, in the opinion of the court, disqualified 
to act as judge, the said court shall, at any meeting there- 
after, appoint a person as judge in his place; and at every 
appointment of judge or judges as aforesaid, the clerk County Clerks 
of the county court shall record the same, and make out a t0 record ap. 
warranfc therefor; and the clerk shall, within five days ^P omtmen *» 
thereafter, deliver every such warrant to the sheriff of the 
county, and it shall be the duty of the sheriff, within ten 
days after receiving the same, to deliver the same to the sheriffs to deli, 
person or persons so appointed, or leave it at his or their ver warrants, 
place of abode, under the penalty of fifty dollars on the 
clerk or sheriff respectively who shall neglect his duty 
aforesaid. 

Sec. 7. And be it enacted, That any judge so appointed, Penalty on the 
who shall not attend at the time appointed for holding any itt£dance! 0n 
election in his district, shall forfeit fifty dollars for every 
such neglect, unless prevented by sickness, or other such 
cause, in the opinion of the court and jury before whom the 
prosecution therefor shall be heard, tried and determined. 

Sec. 8. Jlnd be it enacted, That in case neither of the i n case all the' 
judges aforesaid shall attend as aforesaid, for the space judges are ab. 
of one hour after the time herein directed for opening the s jr nt ' Ii0W °" 

• ' • triors Q.I*G LO 

election, it shall and may be lawful for the justices of the tobeappoint- 
peace for the said county, then present at said place of ed. 
election, or the majority of them, or for one justice of the 
peace, in the event of but one being present, or in case no 
justice of the peace shall be present, for the voters then 
present, or a majority of them, to choose by ballot, three 
*1 



6, ELECTION LAWS OF MARYLAND. 

persons to be judges of said election, which said persons 
shall be and are hereby vested with,, for that election, the 
same powers and authorities, as if such persons had been 
chosen as judges by the levy court aforesaid. 

Sec. 9. This section (naming times and places for hold- 
ing elections) has been frequently changed and modified, by 
subsequent acts. 

Electors of President and Vice-President, by the act of 

1833, ch. 261, are elected by general ticket. Seepage id. 
The election of Representatives to the Congress of the 

United. States, is noio regulated by acts of 1832, ch. 275, 

1834, ch. 167. See page 21 and 23. 

There are no Electors of the Senate. The Senators 
being elected directly by the people. Jill State elections, 
heretofore held on the first Monday in Octob(r, are now 
held on the first Wednesday in October. See amended 
Constitution, 1836, eh. 197. sec. 24, page 27, arid 1837, 
( 7i .118, sec. 1 . See page 3 1 . 
Iges to ap. Sec. 10. And be it enacted, That the judges aforesaid 
point two s h a ]| a ppomt two clerks, being above the age of twenty- 
one years, to enter the names of the voters, separately and 
plainly, on the books provided for that purpose, and if any 
clerk, so appointed, shall neglect or refuse to act, l]f shall 
forfeit and pay the sum often dollars. 
Oath of the Sec. 1 1 . And be it enacted , That every judge of an elcc- 
judges and t_j n, hefore lie proceeds to take or receive any vote, shall 
clerks, how t J th f n ow i n g oath, or affirmation, to wit : "I, A. B. 
red and do swear, or affirm, that I will permit all persons to vote 
certified. who shall offer to poll at the election now to be held for 

county, or city, who in my judgment shall, 

according to the directions contained in this law, and the 
constitution and form of gov gradient, be entitled to poll at 
the same election, and thai \ will not permit any person to 
poll at the same election who is not in my judgment quali- 
fied to vote as aforesaid, and will in all things execute the 
office oi'judgr of said < lections, according to the best of my 
',,!, dge, withoul favor or partiality, so help me God;" 
thai evi k, before he (Miters v.v.x vote on the polls, shall 

take the following oath, or. affirmation, to wit: L \. A. B. do 
Oati . • ir, or affirm, thai 1 will well and faithfully, without favor, 

affection or partiality, execute the office of clerk of the 
election oi elections now to be held, according to the best 
of my Knowledge, so help me (^^\:^ and the oath or affir- 
mation of the cle ; $ shall be administered by a judge of the 
election, an9 the oafh or affirmation o£ a judge shall be ad- 
1 . ^ministered by a justice of the peace, or if no iustide of the 



ELECTION LAWS OF MARYLAND 7. 

peace be present to administer the same, it shall be admi- 
nistered by a clerk of said election, after such clerk shall 
have been qualified as aforesaid; and a certificate of every 
such oath or affirmation, signed by the person administer- 
ing the same respectively, shall be" annexed- to the polls. 

Sec. 12. And be it enacted, That the elections aforesaid Elections to 
respectfrely shall commence at nine o'clock in the morning commence at 9 : 
of the respective days of election, and shall continue with- °' clock > A. M. 
out adjournment, and be closed at six o'clock in the even-.^g o'clock V! 
ing of the same day, and no ballot shall be taken before the JVI. The man- 
said hour of nine o'clock in the morning, nor .after the said ner of voting- 
hour of six o'clock in the evening; and every voter shall 8gu . 
deliver to the judge or judges of the election in the district 
in which he offers to vote, a ballot, on which shall be writ- B „ ■ . , 

. , •-, - ' r i -Ballots now to 

ten, or printed, the name or names or tne person or persons be written or 
voted for, and the purpose for which the vote is given, printed, &c. 
plainly designated; and the ballot so delivered in, and 
received by the judge or judges of the election, shall be de- 
posited in the ballot box till the poll be closed; and if any 
judge of an election, or other person, after any ballot shall 
be delivered in as aforesaid, and before the poll is closed, T i 

i ii c i i i i -u , -,i -. • -»- 'Judges not to 

shall untold or open any such ballot, with design to disco- unfold them; 

ver th%name or names therein contained, every person so penalty. 

offending shall forfeit and pay the sum of fifty dollars; and if. Persons ofFer- 

any voter shall offer any more than one ballot, with a frau- ing raor3 tllan 

dulent design, every such person shall forfeit and pay the na ity. ° e ~" pe " 

sum of twenty dollars for every such offence. 

Sec. 13. And be it enacted , That when the poll shall be When the poll 
closed, the box wherein the ballots are deposited, shall be ? s closed, the 
immediately thereafter opened by the judge or judges of ^ n s °the°ii ° 
the election, and the said judge or judges shall publicly, in publicly, &c 
the presence of such persons as may choose to attend, care- 
fully take out the said ballots, and read distinctly and aloud 
the name or names written or printed thereon respectively, 
and the clerks of such election shall carefully enter and keep 
an account of the same on the books of the polls, so that 
the number of votes for each candidate tallied thereon, 
maybe readily cast up and known; and if upon opening 
any of the said ballots there be found any more names in what cases 
written or printed on any of them than there ought to be, bal . lots t0 be re. 
or if any two or more of such ballots or papers be deceitfully W c e< r\ 
folded together, or if the purpose for which the vote is given, 
is not plainly designated as within directed, such ballots 
shall be rejected, and not counted. 

Sec 14. And be it enacted, That as soon as the ballots 
shall be read off and counted,. and the number for each can- 



8. ELECTION LAWS OF MARYLAND. 

Judges to make didate reckoned up and ascertained, the judge or judges of 
out certificates t j ie election shall make out, under his or their hands, at- 
of votes given tested hy the clerks of the election, or one of them, on the 
to each candi. books of the polls, two plain, fair and distinct statements 
date, &c on anc [ certificates of the number of votes which shall be then 
polls. 00 S ° Can d there given for each candidate, distinguishing the sta- 
tion or office for which he has been voted, which numbers 
shall be expressed in words at length, and not in figures 
only, according to the form following, or to the like effect, 

Forma. to wit: "State of Maryland, county, to wit: We, 

the undersigned, duly appointed by the levy court of said 
county, or by a justice of the peace, or the voters, (as the 
case may be) in due form of law, judge or judges of the 

election in district No. , do hereby certify and return, 

that we did attend on the * Monday of , in 

the year eighteen hundred and , at , the 

place by law appointed for holding the elections within said 

district, and did then and there appoint and 

clerks of the election, who severally qualified as directed 
by law; we further certify, that we did then and there, 
before a justice of the peace for said county, (or before one 
of said clerks, as the case may be,) qualify as judge or 
judges of the election, as by law directed, and did then and 

there, at the hour of o'clock in the morning, open 

the polls for an election of four delegates to represent said 

county in the general Assembly, (or , as the case 

may be,) that we continued the polls open until six o'clock in 
the evening of the same day, when they were closed, the 
ballot box opened, and the ballots publicly counted, when 

it appeared that had votes as a delegate to 

the General Assembly, (or , as the case may be.) 

Given under our hands, at the place of said election, this 

— day of , in the year of our Lord eighteen 

hundred and . 

Attested by clerks." 

Presiding judg- Sec 15. And be it enacted, That the presiding judges 
es to meet, &c. of elections, or in case of inability to attend, either of the 
and make out j. ner judges, shall, on the second day after every election, 

stiLtciiicnts find j *d * ' % p t •? v / 

certificates of (except, in cases of elections in the city of Baltimore, where 
the number of the judges shall meet on 1he day next succeeding the hold- 
votes given for j n g of said elections,) under the penalty of five hundred 
U^all'tJio dis- "<Ml***j mee t at the usual place of tlio sitting of the county 
tricts. court of each county, with the bo >ks < f the polls and the 

certificates aforesaid, and the said judges, when so assem- 



* Now Wednesday 



# 
ELECTION LAWS OP MARYLAND. 9. 

bled, shall cast up the whole of the votes of all the dis- 
tricts, and shall make out two plain, fair and distinct state- 
ments and certificates of the number of votes which shall 
have been given for each candidate; if for delegates to the 
General Assembly, in the following- form, or to the like 
effect, to wit: "To the honorable the Chancellor of the Form of the 
State of Maryland: Whereas, an election for four dele- relum of dale- 

. J , V, i * i i c \j gates to the ne- 
gates for county to the General Assembly oi Mary- J era j assem blv. 

land, was held on the " first Monday in October, eighteen 
hundred and , in the districts of said 'county, distin- 
guished by number one, two and three, &c, conformably 
to the constitution and laws of this State; and whereas, we 
the subscribers, attending judges at the close of the election 
in said districts, having this day assembled at the usual 
place of the sitting of the county court, with the books of 
the polls, on which are endorsed the several certificates 
agreeably to law, and having cast up the whole number of 
votes given in said districts, according to the respective 
certificates made out on the day of election by the judges, 

it appears that , , and , are duly 

elected delegates for — county, to the General Assem- 
bly of Maryland. Given under our hands, this 

day of October, eighteen hundred and ." 

*# # # . # # ## 

If for Sheriffs, in the following form, or to the like For Sheriffs. 
effect, to wit: To his excellency the Governor of the State 
of Maryland, in council. Whereas, an election for two 

persons for the office of Sheriff for county, was 

held on the first Monday in October, eighteen hundred and 

, in the districts of said county, distinguished by 

number one, two, three, &c. conformably to the constitu- 
tion and laws of this State; and whereas, We the subscri- 
bers, attending judges at the close of the election in said 
districts, having this day assembled at the usual place of 
the sitting of the county courts of said county, with the 
books of the polls, on which are endorsed the several cer- 
tificates agreeably to law, and having examined and cast 
up the whole number of ballots given in the said districts, 
agreeably to the respective certificates made out on the 

day of election by the judges, it appears that had 

ballots, and had ballots, and that 

and had a majority of legal ballots of the 

candidates properly qualified. Whereupon, we do deter- 
mine, declare and return, that the said and 



are duly elected for the office of Sheriff for county 



10. ELECTION LAWS OF MARYLAND. 

Given under our hands, this day of October, in the 

year of our Lord eighteen hundred and ." 

If for Representatives to Congress, m the following form, 
or to the like effect, to wit: 
For representa- "To his excellency the Governor of the State of Mary- 
• tives t0 con - land, in council. We, the subscribers, judges at the close 

of an election held on the dav of , in the 

year of our Lord eighteen hundred and , in the 

election district of county, distinguished by num- 
ber one, two* three, &c, for the purpose of choosing a 

Representative for the district of this State, to serve 

in the Congress of the United States, having this day 
assembled at the usual place of the sitting of the county 
court of said county, with the books of the polls, on which 
are endorsed the several certificates agreeably to law, and 
having cast up the whole number of votes given in said 
districts, according to the respective certificates made out 

by the judges, do return that had votes, 

and had Votes, &c. Given under our 

hands this day of , in the year of our Lord 



eighteen hundred and 
For electors of If for an elector of President and Vice-President of the 
president and Tj mte( j States, in the following form, or to like effect, to 
vice piesi en . ^.^ u ,p o ^. g exce ]j enC y fa e Governor of the State of Ma- 
ryland, in council. We, the subscribers, judges at the 

close of an election, held on the day of in 

the year of our Lord eighteen hundred and , in the 

election districts in county, distinguished by one, 

two, three, &c, for the purpose of electing an elector for 

the district of this State, for choosing a President 

and Vice-President of the United States, conformably to 
the constitution of the United States, and the laws of this 
State, having this day assembled at the usual place of the 
sitting of the county court of said county, with the books of 
the polls,, on which are endorsed the several certiiicates 
required by law, and having cast up the whole number of 
votes given in said districts, according to the respective 

certificates made out by the judges, do return that • 

had votes, and that had votes. 

Given under our hands this day of , in the 

year of our Lord eighteen hundred and .? 

*## T) ie f onn f or a Return for Electois of the Senate, is 
omitted, they being no longer known to the constitution. 



ELECTION LAWS OF MARYLAND. 11. 

Sec. 16. And be it enacted. That in all cases where a Where a conn. 
county has been or shall be divided, for the purpose of Jj ij ^IdS! 
forming a district to elect a member or members to the tr i ct) & c . the 
Congress of the United States, or to elect an elector or judges to de- 
electors to choose the President and Vice-President of the jj 8 ?!*? & he 
United States, the judges in making the return aforesaid, 
shall designate therein, that the said districts at which they 

J)resided as judges, are part of district number , as 
aid out by law, to choose a member to represent this State 
in the Congress of the United States, or are part of district 

number , as laid out by law to elect electors to choose 

the President and Vice President of the United States, (as 
the case may require.) 

Sec. 17. And be it enacted, That if at the time appoint- Presiding judg- 
ed for the assembling of the said judges, any of them should ? s may ad " 
be prevented from attending, in such case the judge or 
judges who shall attend, may adjourn from day to day, 
until the judges required to meet shall all assemble, immedi- 
ately after which they shall proceed to perform the duties 
required as aforesaid. 

Sec 18. And be it enacted, That the judges aforesaid Judges to lodge 
shall respectively lodge with the clerk of the county, with- books witn tne 
in one day from their meeting as aforesaid, the books of csr . °„ A e 

i *i e> ill "t -i i • i county, and en- 

the polls of all the districts m said county, together with a c i .« e one of 
certificate of all the votes given in the said districts; and their certifi. 
the said iudsres shall also, within the time aforesaid, cause cates io , S over - 

• nor (Hid COU.H-- 

one other certificate, made out by them as aforesaid, to C1 \ & Ct 
be enclosed, sealed up, and directed to the Governor and 
council, endorsed on public service, and placed in the post- 
office at the place of meeting as aforesaid, in case there 
shall be a post-office there, and if none there, then in the 
next convenient post-office thereto, to be transmitted to the 
Governor and council. 

The council to the Governor is abolished by the amended 
constitution. See 1836, ch. 197, sec. IS, page 24. 

Sec. 1 9. And be it enacted, That in case of elections for Certain returns 
Delegates to the General Assembly, or for the Electors of 10 ,}? 6 en ° losed 
Senate, the said judges shall cause the returns, directed, and^ebunciT 
enclosed, and transmitted as aforesaid to the Governor and addressed to 
council, to be addressed to the Chancellor of Maryland, to the chancellor. 
be by them delivered to the Chancellor. 

Sec 20. And be it enacted, That the said respective County clerks 
county clerks, with whom the said certificates and polls cpp^of Tertf 
are lodged, shall, under the penalty of one hundred dollars, ficate to gov" 
make out a true copy of said certificate, lodged with him ernor& coun- 
by the judges aforesaid, of all the votes, under the seal of cxl ' 



12. ELECTION LAWS OF MARYLAND. 

his office, within five days after the same shall be as afore- 
said deposited, and the same when made out, enclosed and 
sealed up, directed to the Governor and council, endorsed 
on public service, to be by the said clerk, within the time 
last mentioned, placed in the post office aforesaid, to be 
transmitted as aforesaid. 
Elcctors'ofpre. Sec 21. And be it enacted, That the Electors of Presi- 
sident and vice d en t anc | Vice-President, shall assemble on the first Wed- 
to Assemble &c nes( ^ a y of December, in the year eighteen hundred and 
eight, and on the same day in every fourth year thereafter, 
unless the Congress of the United States should by law 
otherwise direct, and in that event, on the day thereby di- 
rected, at the city of Annapolis, and shall then and there 
perform the duties enjoined upon them by the constitution 
of the United States, and the laws made in pursuance 
thereof. 
Baltimore divi- Sec. 22. And be it enacted, That for all elections for 
vided into eight representatives to serve in the House of Representatives 
wards, &c.-— f t | United States, and for Electors to choose a Presi- 

who are to be ? . . . 

the judges of dent and Vice President ot the United States, in which the 
the. elections, city of Baltimore now is, or may hereafter be made, by any 
&yC - law of this State, a part of a district, and also for all future 

Elections of Delegates to the General Assembly, and elec- 
tors of Senate for the said city, and for all elections for She- 
riff in the city of Baltimore as a part of the county of Balti- 
more, the said city is hereby divided into eight wards or 
districts, (a) into which it is now divided by the mayor and 
city council of Baltimore, for choosing members of the 
first branch of the city council, and the judges of the 
said elections for members of the first branch of the city 
council of Baltimore aforesaid, now appointed, or hereafter 
to be appointed from time to time under the corporation of 



(a) Baltimore was divided into twelve wards by act of 
1S17, ch. 14S, and which also provides, that when the num- 
ber of its inhabitants shall have increased to ninety thou- 
sand, the said city shall be divided into fourteen wards;* 
when increased to one hundred and twenty thousand, to be 
divided into sixteen wards; when increased to one hundred 
and sixty thousand, into eighteen wards; and when increa- 
sed to two hundred thousand, the said city shall be divided 
into twenty wards; and it is made the duty .of the corpo- 
rate authorities to correct the divisions from time to time, so 
as to preserve, as accurately as may be, an equal number 
of inhabitants in each ward. 

(* Baltimore is now divided into fourteen wards.) 



ELECTION LAWS OF MARYLAND. 13. 

the -said city, shall be the judges of the elections aforesaid, 
and the said judges shall hold and conduct the said elec- 
tions at the several places prescribed by the ordinances of 
the said city for holding the elections for members of tbe 
first branch of the city council of said city, and shall, in all 
other respects as to time and manner of holding said elec- 
tions, and ascertaining and declaring the persons elected, 
pursue and observe, under the penalties herein before im- 
posed on the other judges of elections, the several rules 
and regulations by this act prescribed to the several judges 
of elections in the -county districts aforesaid, in relation to 
similar elections, and conform themselves to the laws and 
constitution of this State, in relation to such elections, and 
to the persons whom they shall permit to vote at the same. 

Sec 23 And be it enacted. That the mayor of said city Mayor to give 
for the time being, shall cause public notice to be given of notice of elec- 
the elections aforesaid respectively, and in any election tl0ns ' &c ' 
hereafter to be made in the city of Baltimore to fill a vacancy, 
and wherein it may be necessary to issue a new warrant, 
such warrant shall go to the said mayor, who shall appoint 
the day of holding the same, of which ten days notice shall 
he given, exclusive of the clay of notice and the day of elec- 
tion: and the said mayor shall cause a copy of the said 
warrant, together with notice of the day appointed for hold- 
ing such election, to be served on each of the judges in 
each ward, at least three days before the day appointed 
for holding such election, under the .penalty often dollars 
for each and every neglect, and such election shall be 
holden within fifteen days after the said warrant shall be 
received by the said mayor. 

Sec. 24. And be it enacted, That every person qualified Persons to vot 3 
to vote, shall vote in the election district in which he shall J n . }^? dls - 

.,,. fii,- i i i trict they re- 

reside at tbe time ot the election, and at no otner place. $\& Q j n . , 

See amendment to the constitution adopted in 1 809, ch. 
83, page 17. 

1811, ch. 204, penally imposed on persons giving any 
reward to secure votes. Page 17. 

1810, ch. 174, judges of election may administer an oath 
touching the right of a person to vote. See page 1 8. 

1828, ch. 160. a justice may qualify the judges. See 
Page 19. _ _ Penalty on 

Sec 25. And be it enacted, That if any person at any offering to vote 

election, having voted once, shall offer to vote again in the a second time, 

•same district or county, he shall be subject to a penalty of^ ^hiclfTe 

ten dollars for such offence; or if any person shall offer to does not reside, 

i 2 ' &c. 



14. ELECTION LAWS OF MARYLAND. 

vote in <my name not his own, or in the place of any other 
person of the same name, or residing out of such district, 
shall offer to vote therein, or residing out of the county, 
shall offer to vote at any such election, he shall forfeit twen- 
ty dollars, and in either case the offender may be immedi- 
ately apprehended therefor, by a warrant from a justice of 
the peace, or judge of elections, issued in the name of the 
State, and shall be tried by such justice or judge respect- 
ive]). 
Persons voting Sec. 26. Jind be it waded, That if any person shall vote 
twice may be t w j C e at one election, he shall be liable to a presentment 
presented, &c. ^ t | )e coun t v CO urt of the county where he may reside, and 
may be fined not exceeding forty dollars, and imprisoned 
not exceeding one month, in the discretion of the court. 
Penalty on per. Sec 27. Jind be it enacted, That if any candidate, or 
sons attempt. {] ier person or persons, shall practice force and violence, 
awe elections, with intent to influence unduly, or to overawe, interrupt or 
&c. hinder, any election to be held in virtue of this act, every 

person so offending shall, on conviction thereof in the coun- 
ty court of the county wherein such offence shall be com- 
mitted, suffer such fine, not exceeding two hunched and 
fifty dollars, and such imprisonment not exceeding fifty 
days, as the court, in their discretion, snail adjudge. 
Soldiers not to Sec 28. Jind be it enacted, That it shall not be lawful 
be mustered in f 0Y any commissioned or non-commissioned officer, having 
view ot an e- ^ je command of any soldier or soldiers quartered or posted 
in any district of any county in this State, to muster or 
embody any of the said troops, or to march any recruiting 
party, within the view of any place of election, during the 
• time of holding said election, under the penalty of one hun- 
dred dollars. 
Penalty Sec 29. Jind be it enacted, That if any candidate (a) 

candidates, at an election to be held in virtue of this act, or amy other 
others for brib. gon or p ers0ns whatever, shall give or bestow, or 
mff v ' directly or indirectly promise, any gift or reward, to secure 
any person's vote or ballot at any such election, or shall 
keep, or suffer to be kept, any house, tent, booth or other 
accommodation, in any part of any district at any time dur- 
ing the day of holding such election, and before the close 
thereof, at his or their expense, where any victuals, or 
intoxicating liquors shall be gratuitously given or dealt out 
to voters, every such person or candidate so offending, 
shall, on conviction thereof in the county court of the coun- 
ty wherein such offence may be committed, he fined, at the 

(a) See act 1811, ch. 204, page 17. 



ELECTION LAWS OF MARYLAND. 15. 

discretion of the court, a sum not exceeding five hundred 
dollars, and suffer such imprisonment as the court may 
adjudge, not exceeding six months. 

Sec 30.- And he it enacted, That the clerks of the County clerks 
respective counties shall endorse on the certificates and JhebooksTof the 
polls to be delivered to them as aforesaid, the day when pu n s> & c ., the 
received, and shall be allowed as a compensation for mak- day when re- 
ing out and forwarding the c6pies of said certificates to the CG1 ™ dt To be 
Governor and council aforesaid, the same compensation as Jj^ 
is allowed for like services, to be levied and paid for by 
the county as his other fees. 

Sec 31. Aud be it enacted. That the said judges Allowance to 
and clerks of elections respectively shall be allowed, forjudges & clerks 
each election at which he attends as aforesaid, and f or ofelectlons - 
making the returns as aforesaid, the sum of four dollars per 
day, (a) to be levied and paid as other county charges. 

Sec. 32. (This section which constituted Annapolis the 
sixth election district of Anne- Arundel county, for all elec- 
tions for Sheriff, Electors of the President and Vice-Presi- 
dent, Electors of the Senate of this State, and for a member 
of Congress, has ceased to have any operation, under the 
various amendments to the constitution.) 

Sec. 33 And be it enacted. That the Governor and Governor ani 

Council, on receiving the returns of the elections afore- Counci1 to . de - 
■ i r i . ,i • i i • i clare certain e- 

said, lor electors to choose a president and vice-president i ec tions by pro- 
of the United States, and for members to represent this clamation. 
State in the Congress of the United States, shall enumerate 
and ascertain the number of votes given for each and every 
person voted for as an elector, or member to Congress 
aforesaid, respectively, and shall thereupon declare, by 
proclamation, signed by the Governor, the name of the per- 
son or persons duly elected in each respective district, and 
the Governor and Council shall cause such proclamation to 

(a) By the act of 1813, eh. 170, the respective sheriffs 
are allowed twelve dollars for each and every election held 
in such county; but if two or more elections are held on the 
same da 11 ', the sheriffs shall not be entitled to receive more 
than twelve dollars for such elections. The same to be 
levied annunlly by the levy court, &c. / 



16. ELECTION LAWS OF MARYLAND. 

be inserted in such newspapers on the Western and East- 
ern Shores as they may direct, (a) 
To determine Sec. 34. And whereas it may happen, that in the elec- 
by lot who shall ^ on f |] ie sa jj electors, two or more of the said candidates 

Kn electors or • 

president and ma } T nave an equal number of votes, — 
vice president Be it enacted, That in such case the Governor and Coun- 
m case of a tie, c [\ s } ia )i determine, by lot, from the candidates who shall 
have an equal number of votes as aforesaid, who shall be 
the electors for the said respective districts. 

Sec. 35 is repealed by 1823, ch. 231, sec. 3, page 18. 

Fines, &c. to g EC> 36. And be it enacted, That all lines and penalties 

ntdTtmenf 1 by createc * ant * imposed by this act, unless herein otherwise 

particularly directed and provided for J shall and may be 

recovered in the name of the State, by indictment, in the 

county court of the county wherein the same shall accrue, 

and be applied, one half thereof to the use of the informer, 

and the other half to the use of the county, and it shall be 

the duty of the clerk of such county to return annually, to 

theWy courts, a list of all fines and penalties recovered 

by virtue of this act. 

This act to be Sec 37. And be it enacted, That the judges of the differ- 

given in charge en t county courts shall give this act in charge to the grand 

to grand juries. j^ r - eg Q f their ' respective counties, at the silling of the 

court next after every election to be held therein. 
Laws repealed. Sec 38. And be it enacted, That all laws, clauses and 
sections of laws, repugnant to, or inconsistent with, the 
provisions of this act, be and the same are hereby repealed. 



(a) See latter part of sec. 9, ch. 16, 1790— u And tlic 
governor and council shall, as soon as conveniently may be 
after such examination and declaration, transmit a certifi- 
cate of the election of the representatives, under the seal of 
the State, to the Secretary of State for the United States, 
or other proper officer authorised to receive the -same, to 
be by him delivered to the House of Representatives in 
the Congress of the United States, when they shall be 
assembled at the time and place directed and lixed on by 
the Congress of the United States," 



ELECTION LAWS OF MARYLAND. 17. 

CHAPTER 83* 

(Passed at November Session, 1809.) 

An act to alter all such par Is of the Constitution and form Passed Jan. 6, 
of Government of this State, as relates to voters and 
qualifications of voters. 

Section 1. Be it it enacted by the General Assembly o/ wh ^ e ve I ^ Ie fr8 i e 
Maryland, That every free white male citizen of thistizen above 21 
State, above twenty-one years of age, and no other, having years of age, 
resided twelve months within this State, and six months &c *' to vote - 
within the county, or in the city of Annapolis or Baltimore, 
next preceding the election at which he offers to vote, shall 
have a right of suffrage, and shall vote by ballot, in the 
election of such county or city, or either of them, for elect- 
ors of President and Vice-President of the United States, 
for Representatives of this State in the Congress of the 
United States, for Delegates to the general Assembly of ■< 
this State, Electors to the Senate, and Sheriffs, 



* Confirmed by 1810, chapter 33. 



CHAPTER 204. 

(November Session, 1811.) 

A supplement to an act, fl805, ch. 97 ) entitled, an Act to pas sed Tan. 7, 
reduce into one the several Acts of, Assembh/ respecting 
Elections, and to regulate said Elections. 

Section 1. Be it enacted by the General Assembly (yfP ena ltyohper. 
Maryland, That if any candidate, or any other person or *™ rewardto 
persons whatever, shall, at any time before, or on the day secure votrs. 
of any election to be held in virtue of the law to which this 
is a supplement, give or bestow, or directly or indirectly 
promise any gift or reward to secure any person's vote or 
ballot at any such election, any such person or candidate so 
offending, shall, on conviction thereof in the county court 
of the county wherein such offence may be committed, be 
fined at the discretion of the court, a sum not exceeding 
five hundred dollars, and suffer such imprisonment as the 
court may adjudge, not exceeding six months, 
2* 



18. ELECTION LAWS OF MARYLAND. 

Fines— how to Sec. 2. And be it enacted, That all lines and penalties 
be recovered. crea(e(1 and i m p sed by this act, shall be recovered in the 
same manner as fines and penalties are, by the act to which 
this is a supplement. 



CHAPTER 174. 

(December Session, 1819.) 

Passed Feb. 14, An act empowering the Judges of Elections to administer 
8 Oaths appertaining to Elections. 

JU a dg admlnUter Be ** enacted b V the General Assembly of Maryland, That 
oathsin. certain ^ shall and may be lawful for the several judges of elections 
cases. w r ithin the State, to administer an oath, or an affirmation, 

in any inquiry which they may deem necessary to be made 
touching the right of any person offering to vote, and if any 
person shall swear or affirm falsely and corruptly, in rela- 
tion thereto, such persons or persons shall, upon conviction 
thereof, suffer the pains and penalties provided for those 
convicted of perjury. 

CHAPTER 213. 

(December Session, 1823.) 

Passed Feb. 26, A supplement to an act, entitled an act to reduce into o c 
J824 « the several acts of Assembly respecting Elections, and 

to regulate said elections. 

notice"of ^iec 1 Sec ' ^- Be it enacted by the General Assembly oj Mary- 
tions to fin va- land, That in case of an election for Delegates, or a dele- 
cancies. gate or Representative in Congress to fill a vacancy, (a) the 

warrant for such election shall go to the sheriff of the coun- 
ty or counties where the election is to be held; who shall 
appoint the day for holding the same, of which eight days 
notice at least shall be given (exclusive of the day of notice, 
and the day of election) by such sheriff', by advertisements, 
set up at the most public places within each district of the 
county or counties, under a penalty of fifty dollars. 

(a) In case of a vacancy in Congress from this State, the 
Governor to issue writs of election to the district where such 
vacancy shall happen, &c. See 1790, ch. 16, sec. 14. 



ELECTION LAWS OF MARYLAND. 19. 

Sec. 2. And be it enacted, That the said sheriff shall Notice to judg- 
serve a copy of the said warrant, together with notice of es of Actions, 
the day appointed for holding said election, on each of the 
judges in each district, at least three days before the day 
appointed for holding such election, under the penalty of 
ten dollars for each and every neglect, and such election, 
shall be holden within fifteen days after the said warrant 
shall be received by the sheriff to whom the same shall be 
directed. 

Sec. 3. And be it enacted, That the thirty-fifth section Repealed, 
of the act to which this is a supplement, be, and the same is 
hereby repealed. 



CHAPTER 160. 

(December Session, 1828.) 

An act supplementary to an act, entitled an act to regulate Passed March 

Elections. 10, 1829. 

Be it enacted by the General Assembly of Maryland, That Justices of the 
from and after the passage of this act, at all elections of jf S ed e to utho " 
Delegates to the General Assembly, elections of electors of nfy judges of 
the Senate, electors of President and Vice-President of the elections. 
United States, of Representatives in Congress, and of 
Sheriffs, it shall be lawful for any" justice of the peace for 
the respective county in which such election is held, to 
qualify the judges of such respective election, and their 
clerks, and the oaths administered by such justice shall be 
as valid, as if administered in the manner heretofore pre- 
scribed by law. 



Electors of President and Vice-President of the United 

States. 

CHAPTER 261. 

(December Session, 1833.) 

A supplement to an act, entitled an act, to reduce into one, Passed MarcU 
the several acts of Assembly, respecting Elections, and^ 5 > 1834. 
to regulate such elections* 

Whereas, the manner of appointing electors of Presi- Preamble, 
dent and Vice-President of the United States, by a gene- 



20. ELECTION LAWS OF MARYLAND 

ral ticket, as directed by the legislatures of a large majority 
of the States, has the elfect of giving the whole electoral 
vote of each of those States, to one person, for each of 
those important offices; and the mode adopted and long 
used in the State of Maryland, of electing in seperate 
districts of the State, one or at most two electors from 
each district, results in all cases of contest in giving a divi- 
ded vote to the candidates for the highest offices in the 
government, and the majority of the citizens of Maryland 
are thereby deprived of their just weight in the choice of 
the chief magistrate, as compared with the majority of the 
citizens of most of the other States — Therefore, 
General ticket. Section 1. Be it enacted by the General Assembly of 
Maryland, That on the first Monday of November, prece- 
' ding the time fixed by law of the United States, for the 
choice of President and Vice-President of the United 
States, there shall be elected by general ticket, as many 
electors of President and Vice-President, as this State shall 
be entitled to appoint, and each citizen of this State entitled 
Qualified vo. to vote for Delegates to the general Assembly, shall have 
ters. a right to vote for the whole number of electors, and the 

several persons to the number required to be chosen, hav- 
i^rg the highest number of votes, shall be declared and be 
deemed duly appointed electors; but for as much as some of 
the persons voted as electors may have an equal number of 
votes, so as to defeat a choice between them — Be it enact- 
In case of tie, e ^ 5 That in such case, the Governor a?ul council shall 
to be deter- determine by lot which of the persons having such equal 
mined by lot. num ber f voters, shall be electors, so as to complete the 
whole number to which the State shall be entitled. 
Election con. Sec. %- *^ n ^ ^ e ^ enac t e d-> That in all other respects than 
ducted. is hereinbefore provided for, the said election shall be con- 
ducted, the returns thereof made in the same manner as is 
Returns. provided for in the act to w T hich this is a supplement. 

Sec. 3. Jind be it enacted, That upon the meeting of the 
leorTcTof olec- P ersons returned elected electors of President and Vice- 
tors. President, as provided for by this act, or as many of the 
said persons as may attend on the day appointed by the 
constitution and laws of the United States, before proceed- 
ing to perform the trust reposed in them, the place or 
places of any absent member or members, may be supplied 
by the members present, who shall have power to appoint 
the same, and the said person or persons when appointed 
and qualified, shall be entitled to all the rights and privile- 
ges of those proclaimed by the executive authority of the 



ELECTION LAWS OF MARYLAND. 21. 

State, as duly elected electors of President and Vice-Presi- 
dent of the United States. 



Representatives in the Congress of the United States. 

CHAPTER 275. 

(December Session, 1832.) 

An additional supplement to an act, entitled an act to Passed March 
reduce into one, the several acts respecting Elections, and 2l >. I 833 - 
to regulate said Eltctions. 

Whereas, it is declared by the constitution of the United PreamWe - 
States, that the House of Representatives in the Congress 
of the United States, shall be comoosed of members chosen 
every second year by the people of the several States; that 
the electors in each State shall have the requisite qualifica- 
tions of electors of the most numerous branch of the State 
legislature — and whereas, it is declared by an set of the 
Congress of the United States, passed the twenty-second 
day of May, eighteen hundred and thirty-two, entitled a an 
act for the apportionment of Representatives among the 
several states according to the fifth census;" that from and 
after the third day of March, eighteen hundred and thirty- 
three, the House of Representatives of the United States, 
be composed of members elected agreeably to a ratio of 
one representative for every forty-seven thousand and seven 
hundred persons in each State; composed according to the 
rule prescribed by the constitution of the United States, 
according to which apportionment, this State is entitled to 
eight Representatives in the Congress of the United States, 
instead of nine, to which she was heretofore entitled. 

Section I. Repealed by 1834, ch. 167, sec. 2, with the 
exception of what relates to certain parts of Frederick county, 
and for which see note on pages 23, 24. 

Sec. 2. And be it enacted, That the election of Repre- Manner and 
sentatives for the State, to serve in the Congress of the time of elect. 
United States, shall be made by the citizens of this State, " 
qualified to vote for members of the House of Delegates, 
(and each citizen entitled as aforesaid, shall vote by ballot) 
on the first Monday of October, in the year one thousand 
eight hundred and thirty-three, and on the same day in 
evere «<M^nd year forever thereafter, at the places in the 



ins 



22. ELECTION LAWS OF MARYLAND. 

city of Baltimore, and in the city of Annapolis, and in the 
several counties of this State, as prescribed by the consti- 
tution and laws of this State, for the election of Delegates 
to the House of Delegates. 

^Secs. 3 and 4 are repealed by 1834, ch. 167, sec. 2.) 
Extra session Sec 5. Jlnd be it enacted, That if at any time hereafter 
of congress, a special or extra session of Congress should be called, to 
commence at. such period as should make it necessary in 
the opinion of the Governor and Council, that the Repre- 
sentatives in Congress from this State should be chosen 
before the time fixed by law for such election, then it shall 
Governor by he the duty of the Governor, by proclamation, published in 
Proclamation, the newspapers throughout the State, and otherwise at least 
6cc ' thirty days before the time, to be appointed for the election 

by said proclamation, to appoint a day for the election as 
. aforesaid of said Representatives in Congress; on which 

^fcT electing day sa ^ election shall .accordingly be held to the same 
effect, and in the same manner, and under the same regula- 
tions as in case of elections of said Representatives on the 
days fixed by law. 
Sheriffs of Sec 6. Jlnd be it enacted, That the sheriffs of the seve- 
eounties under ral counties of this State, respectively, under the penalty of 
penalty, to give ^v dollars, at least three weeks previous to every election 
tions. ""regulated by this act, shall cause public notice to be given 

within their respective counties, by advertisements set up 
at the most public places within each election district of 
the county, of the time and place of holding the election for 
members of Congress, under this act, as well as all other 
elections, directed in the act to which this is a supplement. 
Ropenl. Sec. 7. And be it enacted, That so much of the act to 

which this is a supplement, as may be found inconsistent 
with this act, shall be, and is hereby repealed. 



First 



ELECTION LAWS OF MARYLAND. 23. 

CHAPTER 167. 

(December Session, 1834.) 

A supplement to an act, entitled an additional supplement Passed March. 
to an act, entitled an act to reduce info one, the several » 
acts of Assembly respecting Elections, and to regulate 
said elections, passed at December Session, eighteen hun- 
dred and thirty-two, chapter two hundred and seventy- 
five. 

Section 1. Be it enacted by the General Assembly o/ El S ht *ep"« n - 
Manjland, That for the purpose of choosing eight Rep re- j^™ in 
sentatives in the Congress of the United States,, this State 
shall be, and it is hereby divided into seven districts, which Seven districts, 
shall be numbered from one to seven; that Worcester coun- 
ty, Somerset county, and Dorchester county, shall com- 
pose the first Congressional district, and shall be entitled to 
choose one Representative; that Caroline county, Talbot 
county, Queen Ann's county, Kent county and Cecil coun- 
ty, shall compose the second Congressional district, and Second, 
shall be entitled to choose one Representative; that Harford 
county and Baltimore county, shall compose the third Con- 
gressional district, and shall be entitled to choose one 
Representative; that the whole of Baltimore, city and Anne 
Arundel county, including the city of Annapolis, shall com- 
pose the fourth Congressional district, and shall be entitled Fourth, 
to choose two Representatives; that Montgomery county 
and all those parts of Frederick county; (a) which, under the 
act to which this is a supplement, compose the sixth district, 
shall hereafter constitute the fifth Congressional district, Fifth, 
and be entitled to choose one Representative; that Allegany 
county, Washington county, a:l those parts of Frederick 

(a) "Known by election districts number one, four, five, 
six, seven, eiuht, nine, eleven, all that part of district num- 
ber three, which may by force of an act, passed this general 
Assembly at its present, session (1832, ch. 165) be laid off 
as a separate district, and ^designated number fourteen, a3 
each of said districts are now known, designated, marked 
cut and bounded, shall compose the sixth district. 5 ' Act 
1B32, eh. 275, sec. 1. 



Third. 



34. ELECTION LAWS OF MARYLAND. 

county, (b) which, under the act to which this is a supple- 
ment, compose the seventh district, shall hereafter consti- 

Sixth. lute the sixth Congressional district, and shall be entitled to 

choose one Representative; that Prince George's county, 
Calvert county, Charles county, and Saint Mary's county, 
which under the act to which this is a supplement, compose 

Seventh. the eighth district, shall hereafter constitute the seventh 
Congressional district: and shall be entitled to choose one 
Representative. 

Repeal. Sec. 2. And be it enacted, That so much of the act of 

Assembly, to which this is a supplement, as may be inconsist- 
ent herewith, or as by this act may be rendered unnecessary, 
be, and the same is hereby repealed; and all other laws of 
the State, w T hich may be repugnant to this law, and incon- 
sistent therewith, shall be and are hereby declared to be 
also repealed. • 

GOVERNOR. 

The Executive "That so much of the constitution and form of govern- 
council abolish- mei1 < a3 relates to the Council and to the Governor, and to 
the clerk of the Council, be abrogated, abolished and 
annulled, and that the whole executive power of the govern- 
The Executive ment °^ '^is State, s ^ ai ^ ^ e vested exclusively in the 
power vested. Governor, &c." 1836, ch. 197, sec. 13. Amended Con- 
stitution. 



CHAPTER 197*. 

(Passed December Session, 1836.) 

Passed March An acl to amend the Constitution and form of government 
10, 1837. • j the State of Maryland., 

Election of go. Section. 20. And be it enacted, That at the time and 
vernor. places of holding the elections in the several counties of 

* Confirmed, by 1837, chapter 84. 

(b) "Composed of election districts number [two] ten, 
twelve, and so much of district number three, as may not 
be laid out and designated as number fourteen, and which 
has not by this act been made a pari of the sixth Congres- 
sional district, are now known, designated, marked out and 
bounded, shall compose the seventh district"— Act 1832, 
chapter 275, sec. 1. 



ELECTION LAWS OP MARYLAND. 25 

this State, and in the city of Baltimore, for Delegates to 
the General Assembly, for the December session of the 
year eighteen hundred and thirty eight, and before the same 
judges by whom the ekption for Delegates shall be held, 
and in every third year forever thereafter; an election shall 
also be held for a Governor of this State, whose term of Term of office, 
office shall, commence on the first Monday of January next, 
ensuing the day of such election, and continue for three 
years, and until the election and qualification of a successor; 
at which said election every person qualified to vote for Qualification of 
Delegates to the General Assembly, at the place at which voters, 
he shall offer to vote, shall be entitled to vote for Governor, 
and .the person voted for as Governor shall possess the 
qualifications now required by the constitution and form of 
government, and the additional qualification of being at Qualification 
least thirty years of age, and of being and of having been of Governor - 
for at least three whole years before, a resident within the His residence 
limits of the gubernatorial district from which the Governor 
is to be taken at such election, according to the priority which 
shall be determined as hereinafter mentioned, that is to say, 
the State shall be, and the same is hereby divided into three Gubernatorial 
gubernatorial districts, as follows: the counties of Cecil, dAstncts - 
Kent, Queen Anne's, Caroline, Talbot, Dorchester, Somer- 
set and Worcester, shall together compose one district, and 
until its number shall be determined as is hereinafter provi- 
ded, shall be known as the Eastern district; the counties of Eastern district 
St. Mary's, Charles, Calvert, Prince Georges, Anne- Arun- 
del, inclusive of the city of Annapolis; Montgomery, and Bal- 
timore city, shall together compose one district, and until its 
number shall be determined as hereinafter provided, shall 
be known as the Southern district; Baltimore, Harford, Southern dis- 
Carroll, Frederick, Washington and Allegany counties, shall 11C ' 
together compose one district, and until its number shall be 

determined as hereinafter provided, shall be known as the XT *i 

T .. T -i'-.ip 1 r-i . i\ or tii -western 

IN orth- Western district; and tor the purpose ot aetermm- district. 

ing their respective numbers' and order of priority of said 
districts in the same session in which this act shall be Method of 
confirmed, if the same shall be confirmed as hereinafter numberin £ t5l *~ 
mentioned, and on some day to be fixed by concurrence of 
the two branches, the Speaker of the House of Delegates 
shall present to the President of the Senate, m the Senate 
chamber, a box containing three ballots of similar size and 
appearance, and on which shall severally be written, East- 
ern district, Southern district, North- Western district, and 
the. President of the Senate shall thereupon draw from said 
S 



26, ELECTION LAWS OT iA 1YLAND. 

Ballots. box the several ballots in succession, anil the district, the 
name of which shall be written on the ballot first drawn, 
shall thenceforth be distinguished as the first gubernatorial 
district, and the person to be choseiwGo-ernor at the elec- 
tion first to be held under the provisions of this section, 
and the person to be chosen at every succeeding third 
election for Governor forever thereafter, shall be taken from 
the said first district, and the district the name of which 
shall be written on the ballot secondly drawn, shall thence- 
forth be distinguished by the second gubernatorial district; 
and the person to be chosen Governor at the second elec- 
tion to be held under the provisions of this section, and the 
person to be chosen at every succeeding third election for 
Governor forever thereafter, shall be taken from the second 
district, and the district, the name of which shall be written 
on the ballot thirdly drawn, shall thenceforth be distinguish- 
ed as the third gubernatorial district, and the person to be 
chosen Governor at the third election to be, held under the 
provisions of this section,, and the person to be chosen at 
every succeeding third el ection forever thereafter, shall be 
Return, result taken from the said third district; and the result of such 
of drawing, etc drawing shall be entered on the journal of the Senate, and 
reported by the Speaker of the House of Delegates on his 
return to that body, and be entered on the journal thereof, 
and shall be certified by a joint letter to be signed by the 
President of the Senate and the Speaker of the House of 
Delegates, and be addressed and transmitted to the Secre- 
tary of State, if appointed, ;ind if not, as soon as he shall be 
appointed, to be by him preserved in his office. 
The first drawn ballot, was u Eastern District." 
The second drawn ballot, was "North- Western District." 
And the third draivn ballot, was "Southern District-" 
Time, place, Sec. 21. And be it enacted, That the General Assembly 
manner >! &cof shall have power to regulate bylaw, all matters which 
electioEs ot go. re]ate {q the ; u ^ es time p i ace an d manner of holding 

elections for Governor, and of making returns thereot, not 
affecting the tenure and term of office thereby, and that, 
Returns, &c. until otherwise directed, the returns shall be made in like 
of Governor's manner as in elections for Electors of President and Vice- 
election. President, save that the form of certificates shall be varied 
to suit the case, and save also, that the returns, instead of 
being made to the Governor and Council, shall be made to 
to the Senate, and be addressed to the President of the 
Senate, and be enclosed, under cover to the Secretary of 
of State, by whom they shad! be delivered to the President 



ELECTION LAWS OF MARYLAND. 27. 

of the Senate, at the commencement of the session next 
ensuing such election. 

Sec. 23. And be it enacted, That no person who shall be Ineligible a se. 
elected, and shall acfoas Governor, shall be again eligible cond tevm ' 
for the next succeeding term. 

Sec. 24. Jlnd be it enacted, That the elections to be held Elections to be 
in pursuance of this act, shall be held on the first Wednes- J? e l d ™ n d the 
day in October, in the year eighteen hundred and thirty- ^ay in Octo^ 
eight; and for the election of Delegates on the same day in ber. 
every year thereafter, for the election of Governor on the Delegates. 
same day in every third year thereafter, and for the elec- overno^, 
tion of Senators, of the first class, on the same day in the Senators 
seeond year after their election and classification, and on 
the same day in every sixth year thereafter; and for the 
election of Senators of the second class, on the same day 
in the fourth year after their election and classification, and 
on the same day in every sixth year thereafter; and for the 
election of Senators of the third class, on the same day in 
the sixth year after their election and classification, and on 
the same day in every sixth year thereafter. 

Sec 25, Jlnd be it enacted, That in all elections for Annapolis 
Governor,, the city of Annapolis, shall be deemed and taken merged in Ann 
as part of Anne- Arundel county. Amndel co>t y- 



SENATORS. 

CHAPTER 197* 

(December Session, 1836.) 

An act to amend the Constitution and form of Government Passed March 
of the State of Maryland. 10. 1837 - 

Section 1. Be it enacted by the General Assembly of Term of pre. 
Maryland, That the term of office of the members of the sent senate to 
present Senate shall end and be determined whenever, and ex P ire ' 
as soon as a new Senate shall be elected as hereinafter pro- 
vided, am a quorum of its members shall have been quali- 
fied as directed by the constitution and laws of this State. 

Sec 2. And be it enacted, That at the December session 
of the General Assembly, for the year of our Lord eighteen 
hundred and thirty-eight, and forever thereafter, the Se- Senate to con- 
nate shall be composed of twenty-one members, to be cho- *" members/ 

* Confirmed by 1837, chapter 84. 



28. ELECTION LAWS OF MARYLAND. 



Majority a quo. sen as hereinafter provided, a majority of whom shall be a 
rum * quorum for the transaction of business. 

? C n° b l83- e!CC ' ^ EC " ^' '^ ^ ll enacted, That at the time and place of 
holding elections in the several counties of this State, and 
in the city of Baltimore, for Delegates to the General 
Assembly for the December session of the year eighteen 
hundred and thirty-eight, and under the direction of the 
same judges by whom such elections for Delegates shall be 
held, an election shall also be held in each of the several 
counties of this State, and in the city of Baltimore respect- 
To elect a^ ve b'? f° r fte purpose of choosing a Senator of the State of 

Senator from Maryland, for and from such county or said city, as the case 

each county & ma y j^ w hose term of office shall commence on the day 

more. ^ *' ^ xe ^ ^J & w ior th e commencement of the regular session 

of the General Assembly, next succeeding such election, 

Term. and continue for two, four or six years, according to the 

classification of a quorum of its members; and at every such 

Qualified voters election for Senators, every person qualified to vote at the 
place at which lie shall offer to vote for Delegates to the 
General Assembly, shall be entitled to vote for one person 
as Senator; and of the persons voted for as Senator in each 
of the several counties and in said city, respectively, the 
person having the highest number of legal votes, and pos- 
sessing the qualifications hereinafter mentioned, shall be de- 
clared returned as duly elected for said county or said city, as 
the case maybe; and in case two persons possessing the re- 
In case of ^ quired qualifications, shall be found on the final casting of 
the votes given, in any one of said counties or said city, to 
have an equal number of votes, there shall be a new elec- 
tion ordered as hereinafter mentioned: and immediately 
after the Senate shall have convened, in pursuance of their 
election under this act, the Senators shall be divided in such 

Classification manner, as the Senate shall prescribe, into three classes; 

of Senators, the seats of the Senators of the first class, shall be vacated 
at the expiration of the second year; of the second class, at 
the expiration of the fourth year; and of the third class, at 
the expiration of the sixth year 4 , so that one-third thereof 
may be elected on the first Wednesday of October in every 
second year; and elections shall be held in the seveial coun- 
ties and city, from which the retiring Senators came, to 

Vacancies. supply the vacancies as they may occur, in consequence of 
this classification. 
tion, how Beo. 4. .hid be it enacted, That such election for Sena- 

oondacted. tors shall be conducted, and the returns thereof be made, 
with proper variations in the certificate to suit the case, in 
like manner as in cases of elections for delegates. 



ELECTION LAWS OF MARYLAND. 29. 

Sec. 5. , And he it enacted, That the qualifications neces- Qualification 
sary in a Senator, shall be the same as are required in a of Senator8 * 
Delegate to the General Assembly, with the additional qua- 
lification that he shall be above the age of twenty five 
years, and shall have resided at least three years, next 
preceding his election, in the county or city in and for 
which he shall be chosen. 

Sec. 6. And he it enacted, That in case any person who In case of 
shall have been chosen as a Senator,, shall refuse to act, resi S nat ion or 
remove from the county or city, as the case may be, for which ncy ' 
he shall have been elected, die, resign, or be removed for 
cause, or in case of a tie between two or more qualified A tic * 
persons in any one of the counties, or in the city of Balti- 
more, a warrant of election shall be issued by the Presi- election"!^ be 
dent of the Senate for the time being, for the election- of a issued. 
Senator to supply the vacancy, of which ten days notice . Notice- to bo 
at the least, excluding the day of notice and the day of glven * 
election, shall be given. 

Sec 11. And he it enacted, That in all elections for Annapolis a 
Senators, to be held after the election for Delegates for Amndel A ° ne 
the December session, eighteen hundred and thirty-seven, f or electing ^a 
the city of Annapolis shall be deemed and taken as part of Senator. 
Anne- Arundel county. 

Sec 12. And he it enacted, That the General Assembly f a ud e ges ' time ' 
shall have power from time to time to regulate all matters ofTlection^nd 
relating to the judges, time, place and manner of holding election dis. 
elections for Senators and Delegates, and making returns tricts to &• re « 
thereof, and to divide the several counties into election gUylaw * 
districts, for the more convenient holding of elections, not 
affecting their terms or tenure of office. 



delegates. 
CHAPTER 197* 
{December Session, 1836.) 

An act to amend the Constitution and form of Government Passed March 
of the State of Maryland. 10 > 1837. 

Section 9. And he it enacted, That at the election for Election of 

Delegates to the General Assembly, for the December deIe £ ales unt U 
1840. 

* Confirmed by 1837, chapter 84, 
3* 



30. ELECTION LAWS OF MARYLAND. 

session of the year of our Lord eighteen hundred and 
thirty -eight, and at each succeeding election for Delegates, 
until after the next census shall have been taken and offici- 
Five from city ally promulged, five Delegates shall be elected in and for 
of Baltimore. Baltimore city, and one Delegate in and for the city of 
,. Annapolis, until the promulging of the census for the year 
of A. Arundel eighteen hundred and forty, when the city of Annapolis 
county, &c. shall be deemed and taken as a part of Anne-Arundel 
Five Delegates CO unty, and her right to a separate delegation shall cease; 
"county. 6 ^ ve Deletes in and for Baltimore county; five Delegates 
5 Frederick co. in and for Frederick county, and four Delegates in and for 
4 A. Arundlc « Anne- Arundel county; and four Delegates in and for each 
* ° 1J \- j^ q of the several counties respectively, hereinafter mentioned, 
W., P. G., H., to w it'- Dorchester, Somerset, Worcester, Prince Georges, 
M,, C, &W. Harford, Montgomery, Carroll and Washington; and three 
Three dele. Delegates in and for each of the several counties respective- 
ly C q r A m q ly, hereinafter next, mentioned, to wit: Cecil, Kent, Queen 
T.'! St.' M.,'c, Anne's, Caroline, Talbot, Saint Mary's, Charles, Calvert 
C., and A. and Allegany. 
Ratio of dele. g EC< 1Q jj nd be if enadec i Tliat from and after the period 

census of 1840°. when the next census shall have been taken and officially 
promulged, and from and after the official promulgation of 
every second census thereafter, the representation in the 
House of Delegates from the several counties, and from 
the city of Baltimore, shall be- graduated and established 
on the following basis, that is to say, every county which 
shall have by the said census, a population of less than 
fifteen thousand souls, federal numbers, shall be entitled to 
elect three Delegates; every county having a population by 
the said census of fifteen thousand souls, and less than 
twenty-five thousand souls, federal numbers, shall be enti- 
' tied to elect four Delegates; and every county having, by 
the said census, a population of twenty-five thousand, and 
less than thirty-five thousand souls, federal numbers, shall 
be entitled to elect five Delegates; and every county having 
a population of upwards of thirty-five thousand souls, fede- 
City of Balti- ral numbers, shall be entitled to elect six Delegates; and the 
more, increase city of Baltimore shall be entitled to elect as many Delegates 
of delegates. ag t j ie C0lm fy w hicb shall have the largest representation, on 
N less^ ie Das * s a f° re said, mav De entitled to elect; provided, and 

than three dele, it w hereby enacted, that if any of the several counties here- 
gatee. inbefore mentioned, shall not, after the said census for the 

year eigteen hundred and forty shall have been taken, be 
entitled by the graduation on the basis aforesaid, to a repre- 
sentation in the House of Delegates, equal to that allowed 



ELECTION LAWS OF MARYLAND. 31. 

to such county by the ninth section of this act, at the elec- 
tion of Delegates for the December session, of the year 
eighteen hundred and thirty-eight, such county shall, never- 
theless, after the said census for the year eighteen hundred 
and forty, or any future census, and forever thereafter, be 
entitled to elect the number of Delegates allowed by the 
provisions of said section for the said session; but nothing 
in the proviso contained, shall be construed to include in 
the representation of Anne-Arundel county, the Delegate Anne-Arundei 
allowed to the city of Annapolis, in the said ninth section and Annapolis, 
of this act. 



SHERIFFS. 



For the duties, and elections of Sheriffs — see 1805, ch. 97, 
sections 4, 5, 6, 15, and note to section 3L 

CHAPTER 118. 

(December Session, 1837.) 

An act to to regulate the time of holding Elections in the Passed March 
several counties and cities in the State. ' 

Section 1 . Be it enacted by the General Assembly of Election first 
Maryland, That from and after the passage of this act, all J^tobeT^ 7 "* 
elections throughout the several counties and cities in this 
State, heretofore held on the first Monday in October, shall 
hereafter be held on the first Wednesday thereof, and be 
subject to the same rules and regulations as heretofore 
provided bv law. 

Sec 2. And be it enacted, That it shall be the duty of ^ e ^ ffs r u e b q ^' 
the Sheriffs in the several counties^ throughout the State, & c .° PU 1S ' 
to give public notice to the judges of said elections, and to 
the voters of said counties and cities, that the said elections 
will be held on the first Wednesday in October, instead of 
the first Monday thereof, annually as heretofore, and be 
governed by the same laws as when held on the first 
Monday. 



INDEX 



TO 



THE ELECTION LAWS OF MARYLAND. 



WITH 



AN ACCURATE AND CONCISE LIST 



OF 



REFERENCES. 



INDEX TO THE ELECTION LAWS. 



A. 

Page. 

ANNAPOLIS, in election for Governor merged in Anne-Arundel 

county, t 27 

Same, in election for Senator, 29 

A part of Anne-Arundel county in election for 
Delegates, 30 

B. 



BALLOTS. — How to be written or printed, 7 

Judges not to unfold — penalty, " 

Only one ballot to be offered — penalty, " 

In what cases ballots to be rejected, M 

BALTIMORE CITY, divided into wards, 12 

Judges of election in, and their duties, " 

Mayor, to give notice of the day of election, 13 

In case of a vacancy to fix the day of election, and 

to give notice thereof, 22 

Entiled to one Senator, 23 

Entitled to five Delegates, 30 

c. 

CHANCELLOR— Returns of election to be made to the 9 

CLERK OF THE COUNCIL— Abolished, 24 
CLERKS OF THE COUNTIES— To record appointments of 

the judges of elec T ion in ceitain cases, 5 

To transmit certificates of election, &c. to the 

Governor, 11 
To endorse on the certificates of the polls, the day 

received, &c. 15 



INDEX. 

Page. 

€LERKS OF ELECTIONS— How appointed, 6 

Theii qualification and duties, " 

Oaths of the, and by whom administered, " 

Allowance to the 15 

COUNCIL TO THE GOVERNOR— Abolished, 24 

D. 

DELEGATES— Form of the return of election of, • 9 
Election of, 30 
Five, from the city of Baltimore, Baltimore and 
Frederick counties, . . " 
Four, from Annc-Arundel, Dorchester, Somerset, 
Worcester, Prince- Georges, Harford, Montgomery, 
Carroll and Washington counties, l( 
Three, from Cecil, Kent, Queen Anne's, Caroline, 
Talbot, Saint Mary's, Charles, Calvert and Alle- 
gany counties, . . , « 
Ratio of Delegates after the census of 1840, u 
Increase of Delegates, . . " 
No county to have less than three, l - 

E. 

ELECTIONS — When to commence and close, 7 
The manner of voting regulated, &c. " 
Warrants and notices of election to fill vacancies, 16 
Judges, time, manner, &c. of elections for the Go- 
vernor, &c. to be regulated by law, 26 
All elections, heretofore held on the first Monday 
in October, hereafter to be held on the first Wed- 
nesday thereof, . . 31 
Notice thereof to be given, " 

ELECTORS OF PRESIDENT AND VICE-PRESIDENT. 

Form of return of election of, 10 

When and where to assemble, 12 

Elected by general ticket, 20 

In case of tie— to be determined by lot, Ci 

Election of — how conducted, " 

Returns of election, how to be made out, &c. " 

In case of absence of— how to be supplied, l * 



INDEX. 
F. 

fc Page* 

FINES — How to be recovered, &c> 16 

Same, . ' 

FORMS, of certificates, &c. 

Of returns of Delegates to the General Assembly, 

Of Sheriffs, . . 

Representatives in Congress, 

Electors of President and Vice-President, « 

Governor — how to be made, 26 

Senators, . ' % oc 

G. 

GOVERNOR — Returns of elections, to be made to the, 9 

To proclaim the election of Electors of President 
and Vice-President, and of Representatives in 
Congress, . . m 15 

In case of a tie, to determine by lot, 16 

To transmit certificate of election of Representa- 
tives in Congress, to the Secretary of State of the 
United States (note). 

In case of a vacancy in Congress the Governor to 
issue writs of election, kc.-^(note). lg 

To appoint a day for the election of Representa- 
tives m Congress, in case of a special or extra 
session, # < # ^ 22 

To proclaim the election of Representatives in 

Congress, <c 

Executive power vested, in the 24 

Election of the, . , tc 

Term of office of the, . . 25 

Qualification of the, 
Residence of the, 
Gubernatorial Districts, &c. 

Time, place, and manner of election, of the, 26 

Return of election of, how made, <c 

Ineligible a second term, gj 

Election for, when to be held, &c. « 

J. 

JUDGES OF THE COUNTY COURTS-To give in charge 

the Election Act of 1805, to Grand Juries, 16 

4 



16 



iC 
iC 
(C 



TNDEX. 

Page. 

JUDGES OF ELECTIONS— Appointed by Levy Courts, &c. 4 
Conservators of the peace, 5 

In case of the death of any Judge, how to be sup- 
plied, &c. " 
Penalty for non-attendance of, " 
If absent, how others are to be appointed, "• 
To appoint clerks, &c. . . 6 
Oath of — and how to be administered, " 
Not to unfold ballots, ... 7 
How to proceed when the poll is closed, u 
In what case to reject votes, . . " 
To make out certificates of the number of votes 
given, ..... 8 
Form of certificates, . " 
Presiding Judges to meet and make return of elec- 
tions, &c. " 
To designate districts in certain cases, 11 
Presiding judges, may adjourn, &c. 
To lodge books of the polls with the clerks of the 
counties, &c. 

To transmit certain leturns to the Governor, 
To address same to the Chancellor, 
Allowance, to the, . . 15 

May administer oaths in certain cases, 18 

Notice of election, to be given to the, 19 

JUSTICES OF THE PEACE— To appoint judges of election 

in certain cases, . . .3 

Authorised to qualify the judges of elections, and 
their clerks, . . 19 

L. 

LEVY COURTS— To appoint Judges of Elections, 4 

P. 



(t 



U 



it 



POLLS — When to be opened, &c. 

When closed, how to proceed, &c. 
PRESIDENT OF THE SENATE— Returns of Election of the 

Governor, to be addressed to the, 26 



INDEX. 

R. 

Page. 

REPRESENTATIVES IN CONGRESS— Form of the return 

of election of, . . .10 

Maryland entitled to eight, , 21 

Time and manner of electing, . . u 
In case of an extra session of Congress — the 
Governor, by proclamation, to appoint a day for 

the election of, * . 2£ 

Seven Congressional districts, 23 

■ s. 

SENATE — To consist of twenty-one members, 27 

SENATORS — One elected from each county; and one from the 

city of Baltimore, . . ; »T' 28 

Term of office, < c 

In case of a tie, . , iG 

Classification of, . . s "\ 

In case of vacancies, . % ' c 

How election of shall be conducted, (C 

Qualification of, , -. 29 

In case of resignation or vacancy, tQ 

In case of a tie, . iQ 

"Warrant of election to fill vacancy, &c. ** 

SHERIFFS— To give notice of elections, 4 

To provide ballot boxes, &c. "" 
To deliver warrants appointing judges of election 
in certain cases, . .5 

Penalty for neglect of duty, <c 

Form of return of election, of, . • , 9 
Allowance to, (note). . .15 

To give notice of elections to fill vacancies, &c. 18 
In case of an extra session of Congress, to give 

notice of election for Representatives, &c. 22 

Duty required, of, . . 31 

SOLDIERS— Not to muster in view of an election, - 14 

V. 

VOTERS — To take an oath in certain cases, 1 

Who entitled to vote, . . . u 

To appoint judges of election in certain cases, 5 



INDEX. 

Page. 

Penalty for offering more than one vote 7 

When votes are to be rejected, " 
Where to vote, . . . .13 

Penalty of offering to vote a second time, &c. 14 

May be presented for so doing, 14 
Penalty on persons attempting to overawe elections, 

Penalty on candidates and others for bribing voters, " 

Qualification of voters, ... 17 

Penalty for giving a reward to secure votes, " 

Fines — How to be recovered, ... 16 

Same — How to be recovered, . . . 18 

WARRANT AND NOTICE TO FILL VACANCIES, &c. 

How to be served, . . 18 
For the election of Senator in certain cases — how 

to be issued, &c. ... 29 



